How To Fight Wage Garnishment In Florida

Wage garnishment can happen when you owe back taxes or have other debts. Florida tax attorney Ronald Cutler, a Certified Public Accountant and a former FBI Special Agent who investigated tax cases has over 50 years of experience helping clients in this situation. Find out more about wage garnishment, the amount they can get withheld, and how to fight it.

Are Your Wages In Danger Of Being Garnished?

Wage garnishment is when one of your creditors gets a court order authorizing them to deduct portions of your current wages to satisfy past debts. Earnings subject to wage garnishment include hourly wages, salaried pay, commissions, yearly bonuses, and other types of compensation.

Why are your wages being garnished? You may owe money on student loans, consumer debts, or child support. Outstanding taxes are one of the most common causes. The amount garnished depends on the particular type of debt:

• Tax debts: The Internal Revenue Service may levy between 25 and 50 percent of your wages to pay back past taxes, which typically includes large amounts for penalties and interest.
• Student loans: If paying back student loans, the government is able to garnish as much as 15 percent of your wages if you fall behind in your payments.
• Child support and alimony: While family courts consider multiple factors in wage garnishment, such as other children or spouses you support, they could take up to 60 percent of your income.
• Consumer debts or other legal judgments: Under the Florida Statutes and federal guidelines, as much as 25 percent of your post-tax income can be garnished, up to just over $200 if disposable income totals more than 30 times the federal minimum wage.

Actions You Can Take To Prevent Florida Wage Garnishment

There are some debts, including child support, student loans, and unpaid taxes, in which wage garnishment may happen automatically. In this case, obtain copies of court orders, prior tax returns, records of payments made, and the amount you still owe. If you receive a wage garnishment notice, bring it to our tax attorney, who can take the following steps:

• Review the notice for obvious mistakes and errors in procedures or applying state or federal laws;
• If there are mistakes, file a motion to dissolve garnishment;
• If there are no mistakes but you are the ‘head of household’ and have income under $750 a week, we may be able to file a Claim of Exemption;
• If none of these scenarios apply, we can negotiate other options to settle the debt and avoid wage garnishment.

Contact Our Florida Tax Attorney Today

Wage garnishment for back taxes or other debts can make it impossible to provide for yourself and your loved ones. Ronald Cutler, P.A. has over 50 years of experience helping clients in these cases. As a licensed attorney, C.P.A., and a former FBI Agent investigating tax cases, he protects your rights and takes the actions needed to stop wage garnishment. Serving clients throughout the U.S., contact our office and schedule a consultation with our Florida wage garnishment and tax attorney today.

Sources:

irs.gov/businesses/small-businesses-self-employed/information-about-wage-levies

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0077/0077.html